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Nanny spared deportation with reprieve from immigration minister

Lilia Ordinario Joaquin was packing her bags early Wednesday evening, preparing for deportation back to the Philippines on Friday, when the phone rang.

For the 52-year-old nanny, who worked in Canada to support family back home, there was news from her lawyer: good news for once. In fact, she would call it a “miracle.”

Canada?s immigration minister, in a letter faxed to her lawyer late that afternoon, granted Joaquin an exemption from deportation.

Canada’s immigration minister, in a letter faxed to her lawyer late that afternoon, granted Joaquin an exemption from deportation. She is now allowed to stay and proceed with her permanent residence application. Her family in the Philippines will also be able to join her when they get medical and criminal clearances.

Joaquin, who had left her own apartment and is staying with friends, hasn’t stopped smiling since she got the news. What was supposed to be a farewell gathering Wednesday night with supporters at the Jesus is Lord Church turned into a celebration party.

“I said to them, ‘God has delivered miracle in my life. My paper is approved.’ And everyone just chanted, ‘Hurrah,’ ” said Joaquin, her voice still shaking. “I’m so grateful to everyone who supported me.”

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Joaquin said she and her family shed a lot of tears — of joy — when she broke the news to them on Skype.

Joaquin’s deportation exemption comes after a Star story detailed how the 52-year-old mother of five felt forced to work under the table while waiting for a work permit amid an immigration backlog.

Lilia Ordinario Joaquin, who worked under the table as a nanny while waiting for her immigration papers, celebrates after learning that Ottawa has exempted her from deportation. (Vince Talotta / Toronto Star)

Wednesday’s letter from Citizenship and Immigration Canada said she did meet the eligibility requirements to apply for permanent resident status under the live-in caregiver program.

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“Humanitarian and compassionate factors were assessed for the purpose of determining whether to grant an exemption from certain legislative requirements to allow your application for permanent residence to be processed,” said the two-page letter.

“On August 20, 2014, a representative for the Minister of Citizenship and Immigration Canada (CIC) approved your request for an exemption from these requirements for the purpose of processing this application: Misrepresentation.”

The exemption — and the approval of the application in principle — means Joaquin’s deportation is automatically suspended by law.

“Lilia is over the moon about this decision and so am I,” said Joaquin’s lawyer, Jennifer Stone, of Neighbourhood Legal Services.

“I commend CIC for doing the right thing in the end for Lilia, and that compassion and common sense prevailed,” said Stone. “I am only disappointed that it took a year and a half of concerted advocacy to get this result.”

Joaquin, who graduated with a university degree in architecture from the Philippines, came to Toronto in 2007 under the live-in caregiver program. After she met her minimum two-year “live-in” requirement, she applied for permanent residence and an open work permit, which would relieve her from the live-in condition.

However, she was caught in an immigration backlog and her open permit didn’t arrive until two years later, in November 2011.

Meanwhile, she was let go by her employer and couldn’t find another live-in job. Employers are reluctant to hire nannies awaiting an open permit because they don’t want to invest in the hiring process for someone who may leave them soon. To support herself, Joaquin babysat for a family under the table.

The first thing Joaquin is going to do is to make an appointment and get a new work permit while her permanent residence application is being processed.

“They took my work permit away when they gave me my deportation date. Now I’m going to get it back and return to my cleaning job. I hope my husband and two (dependent) children can join me soon. This has renewed my hopes and dreams to have a better future for my family.”

It’s difficult to know how long it will take before her husband and two dependent children can join her as medical and criminal checks can take months.

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